Banco Credit Suisse, S.A. v. Macias Gutierrez Moyano

Background

Petitioners Banco Credit Suisse (Mexico), S.A. and Casa de Bolsa Credit Suisse (Mexico) S.A. de C.V. filed a letter motion asking the court to approve redactions and seal certain docket entries. The proposed redactions covered the respondent’s home address and telephone number. The filings included a copy of an arbitration award that petitioners sought to have confirmed, documents concerning a summons, proposed orders, and the court’s preliminary injunction order.

The petitioners stated that the request was made with the respondent’s consent and at his request. They also stated that the respondent had acknowledged service and actual notice, consented to electronic service through his counsel in Mexico, waived additional personal service, and stipulated that he did not oppose confirmation of the arbitration award. The court’s order focused on whether the respondent’s personal contact information should remain publicly available.

Court’s Analysis

The court recognized a presumption that the public may access judicial documents. It nevertheless found that the respondent’s telephone number was traditionally private information, had no bearing on the lawsuit, and was outweighed by the privacy interest. The court also determined that the proposed redactions were sufficiently narrow and concerned only presumptively private information. The opinion states that the respondent’s address could be partially redacted under Individual Rule 6.

Disposition

The court granted the application. The clerk was directed to place ECF Nos. 3-1, 6, 7, 18, 19, 23, and 24 under seal, with access limited to applicable parties. ECF No. 29, which contained the proposed redactions, was to remain under seal with access limited to applicable parties. The clerk was also directed to terminate ECF No. 28. This order addressed sealing and redaction of personal information; the provided opinion text does not decide whether the arbitration award should be confirmed.